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940.17114(GJILA-2008/lelawt'124-133.—The tullr-u-ing Act ofthe Legislative Assembly oftl-te National Capital Territory of Delhi received the assent of the Lt.
[im'clTIOt' ofDelhi on the 28th October, 2008 and is hereby, published for general information :— 41‘he Delhi McdieareServiec Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 (DelhiActfls orzoas) {edit} October, 2003} {As passed by the Legislative Assembly ofthe National Capital l‘erritory ol' Delhion the l lth September, 2008).
An Act to prohibit violence against medicare service personnel and damage to property in medicare service instinttions in the National Capital Territory ofDelhi and for matters connect therewitl‘tor incidental thereto.
BE it-enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifiy—ninth Year of the Republic oflndia as follows :—
1. Short title, extent and commencement.” ' it) This Act may be called the. Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention ot'Violence and Damage to Property) Act- 2008.
[2) It extends to the whole ofthe National Capital Territory ol'Delhi [3) It shall come into force on such date as the Lieutenant Governor ofthe National Capital Territory of Delhi may, by notification in the official Gazette appoint.
2. Definitions—la this Act, unless the .context otherwise requires,—
(a) “medicare service institution"mean institutions providing medicare to people in anyrecognized system ofmedieine, on out patient or inpatient basis, which are under the control ofthe Government of Delhi or the Central Government or local bodies, medicare institutions run by autonomous bodies, clinics, private nursing homcsfand hospitals run by individules, trusts, societies, companies, etc. and having facilities for diamosis andfor treatment oflhe sick, where persons are received and accommodated for the purpose ofdiagnosis and treatment ot'sickness, DELHI GAZETTE: exriuoaotmav ta .
injury, or infirmity whether ofbodyor mind, ante?
natal andr‘or post natal care, or anything connected therewith, and include a matemity home or convalescent home;
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(b) "Delhi" means the National Capital Territory of Delhi:
(c) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 and designated as such under Article 239M of Constitution;
(cl) “medicare service personnel" in relation to a medicare service institution shall include,—
(i) registered medical practioners;
(ii) registered nurses, nursing aids, midwives;
(iii) para medical workers. ambulance service providers. and diagnostic services providers;
(iv) any other personnel who are working in the premises for the purpose of training, studies, ctc.;
(c) "offender" means any person who either by ltintscl for as a member or as a leader ot'a group ot'pctsons or organization commits or attempts to commit or abets or incites the conunission of violence under this Act; - (I) “violence" mean activities ofcausing any harm or injury or endangering life, or intimidation.
obstruction or hindrance to any medicare service personnel in discharge ofduty in the medicare service institution or damage to property in such institution;
3. Prohibition ol'violcucc.—Any act medicare of violence against service personnel or damage to prOperty in a medicare service institution is hereby prohibited.
4. Penality.—Any offendepwho commits any act in contravention of Section 3, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
5. Offences to be cognizahe and non-bailable.— Notwithstanding anythingcontained in the Code ofCriminal Procedure, 1973 (2 of I974), anyolTence committed under Section 3, shall be cognizable and non-bailable.
6. Authority to file contplainL—The Ileacl ol'the medicare service institution where the offence has been committed, or his authorized representative shall have the power to make a complaint under this Act with the law enforcing agency.
7. Court compctcnd to try and take cognizance of oftences.—(l) No court other than the court of a
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t—flh\._c-."._ Pstlfwi. _ ____.___-_-__--__....;.—._ 5-5"?— _ - basis or othernise and the tertns and conditions of the untrJCl shall not be inconsistent with the provisions of this Jtcl. the Statutes and the Ordinances.
[:1 \. cop} ot'tlte contret't referred to In ':t:i'r-:‘t.‘t.‘iit.ttt It shit” to Indeed With the Unit ersity and a copy thereof item It; furnished to the etnployee Concerned.
:9_ Provident and pension fltndSr—{l} The Unmfljly dull constitute for the benefit ofits employees such protitlcttt fund or pension fttnd or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed.
.ttt. Disputes as to the constitution ofthe University authorities and bodies—If any question arises as to “hctltcr any person has been duly selected or appointed J; or Ii entitled to be. a member ofany authority or other bad} ot'tlte University. the matter shall be referred to tire Chancellor nhose decision thereon shall be linal.
31. Filling of casual vacancies.—-—All casual vacancies among. the members (Ulitct’ than es-oftieio mentbcrs‘l ol'any authority or other body ofthe Uaiversity shall be tilled. as soon as may be convenient by the person erbott} nhn appoints. elects or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a Casual vacancy shall he a member efstteh authority or body for the residue of the term/Tor which the person \vhosc place he iills. would have been a member _," '
33. Proceedings ol'the University authorities or bodies not invalidated by vacancies—No act or proceedings of any authority or other body shall be invalidated merely by reason of the existence of any \aeancy or vacancies among its members."
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33. Protection ofaction taken ip’good faitlt.—1\'o suitor other legal proceedings shall lie’in any court against the University or against any authorit '. officer or employ ee efthe University or against any per on or body ol'persuns acting, under the order or direction b 'any authority or ollicer or other employee ofthe University for anything which is in good faith done or intended to be done in pursuance of the provisions ofthis Act or the Statutes or the Ordinances.
J-t. Modeof proofof University record—A copyot' any receipt. application. notice. order. proceedings.
resolution ofany authority or committee ol'the University.
erotlter documents in the possession ol'the University. or flnyetttty in any register duly maintained by the University.
ifcertit'ted by the Registrar shall. noovitbstanding anything.
contained in the lntlian Evidence Act. 1372“ oflSYEiorin any other law for the time being in force. be admitted as et idcnce ot'the matters and transactions specified therein.
\tlterc the original thereoftrould. it'prodnced. have been Jdntitsible in t.'\ idence.
55. Pen-er to remove dit'liculties—ll‘any ditlicttlty arises in giving. etTect to the Provisions of this Act. the Gut crument may. by order. published in the Olliciat tjazette.
411:? 39/0er _ DELHI OnZETfE: EXTRi‘tORDlNARY 17 make such provisions. not inconsistent with the provisions ot this Act. as appear to it to be necessary or expedient for removing the difficulty t’rotiued that no such order shall be made under this section .tfter the t:\piry of three years from the commencement oftltis Act.
.36. 't‘ransitional pr0\'iSi0IIS.--i\'t)l\titiislflt‘tdtttg anything contained in this Act and the Statutes. the first Board oft'jrnvt-mors shall be nominated by the Chancellor and shall hoid office for a term ofliyc years.
31'. Statutes‘and Ordinances to be published in the 0fficiat Gazette and to be laid before the Legislatite _ Assembly offiethi.—{ 1) Every Statute and Ordinance made under this fYCI shall be published in the Official Gazette.
(13,-) Every Statute and Ordinance made under this Act shdll be laid. as soon as may be after it is made. before the 'House ol'the Legislative Assembly ofDelhi “bile it is in’s'ession. for a total period ofthirtyr days which may be comprised in one session or two or tnore successive 'sessions. and it‘. before the expiry ofthe session innnediately following the session or the sttcccssiye sessions aforesaid.
the i ittlir.‘ agrees it! making any modification in the Statute or the Ordinance of the House agrees that the Statute or the Ordinance should not be made, the Statute or the Ordinance. shall therealler have effect only it: such modified form or be of no effect. as the case may he; so. Itowetcr.
that any such modification or :tnnutmcnl shall be without prejudice to tile validity ofanything previously done under that Statute or Ordinance.
at. an. MC 5 )rqa.a.—2oosrqa‘§ c-t‘t‘z'124133. — W. fact—vii aft tantra 2r) atria-n Eons as‘t tacit stints mmaghtnt-ana‘t atafirfiitrra fimaamm'nfie finiafiaa atoll-tan aamann Fit Hanoi satafita fiF’Jt 'x'fiTfi'l if :— outfiofiaufimfirah arfit'at'tt‘iaizna) atfitfintt, 2003 (2003 Est fifiit atfitfitan 03) [20 3121111.: .2003] (we're Witt-ti Pita flesh aft tit-m tint eta hairs Itfnntat. zoos ail nttttttfiat avatars—semi tiafiflnhrfimeoamnarmrfimw fieehsnttmatfimnnthfiemamn‘aamm mohair] ofitmfinacvmasfonnfiaaan'a‘fifimfia atmfiithfitnaia‘faa btftrf‘anlt nrtctnflnmzt‘sanneai'ncifitt'fin misfit eta from anti-tars out etafitrfofiaatsa fiat: atafiafnaa‘t :- 1, afar-t titties. fits—IF. 116i um_—(1)sn atirfinnaaniumefnhsffiea fitfiantwntc-taraaai‘rs etropotitan Magistrate shall be take congnizancelof, and try an offence under this Act.
(2) No court shall take eongnizance of an offence «under this Act except on a report in writing of a. police officer, not below the rank of Sub-inspector.
8. Recovery of loss for the demage caused to the property.—(l) In addition to the punishment specified in Section 4, the offender shall be liable to a penalty oftwice the amount of purchase price of medical equipment damaged and loss caused to the preperty as deten-ninated by the Court trying the offender.
(2) If the offender has not paid the penal amount under sub-section (1). the said sum shall be recovered as if it Were arrears ofland revenue due from him.
9. Composition ofoft'ences.—(l)The Government or any person authorized by the Government by general or special order in this behalf; may either before or afler the DELI-l] GAZE'ITE :EXTRAORDWARY Institution of the proceedings, COmpom’igi‘l‘Ii-I-‘C punshiable by or under this Act.
(3) Where an offence has been CbnifjPfllltidui' offender, ifin custody. shall be discharged 311de" proceedings shall be taken against himIn FBSpectElli.
offence compounded [0. Protection ofaction taken'In good faith___ .
suit prosecution or other legal proceedings Shall:I- against the Government or any person or officer aurhI-I'II-i_ by the Government or the Head of a medicare 5°“? _ institution or his authorized representative for anflhi' whichIs in good faith done or intended to be dune-“Ina this Act. 1‘" ' ‘5"
11. Act not in derogation any other law.
provision of this Act shall beIn addition to and?
being'In force.
Printed by the Manager.0m1.of lndia Press. Ring Road, Mayaputi. New Delhi- “0064 and Published by the Controller of Publications. Delhi- “0054.